March 19, 2010

Cultivation of Marijuana & the Florida "Grow House Eradication Act"

According to Time Magazine, Florida is currently the United States leader in indoor marijuana cultivation. The escalation of marijuana operations in Florida is the result of the large residential foreclosure market in Florida. Marijuana growers have been quick to exploit the abundance of relatively inexpensive suburban homes. The crisis currently affects much of the state, with grow-houses raided in 40 out of 67 counties in the year 2008. Over the past 20 years, approximately 2.9 billion dollars worth of marijuana has been seized from indoor and outdoor cultivation sites in Florida.

Marijuana that is grown indoors can be grown hydroponically. Instead of using soil, the grower would supply the plant with a nutrient enriched water solution. This method of growing allows drug manufacturers to artificially increase the level of THC in the plants. Hydroponically grown cannabis is on average 4 times as strong as the marijuana grown outdoors in the 1980’s. The rise in strength has led to a corresponding increase in value, with some sellers receiving as much as $8,000 per pound when sold in the north-eastern United States.

In 2008, Charlie Crist signed the Grow House Eradication Act into law to combat what government authorities perceive to be an "epidemic." The Act unsurprisingly received praise from the law enforcement community and was strongly supported by Attorney General of Florida, Bill McCollum.

A person who leases or owns a structure or vehicle who knows it will be used for the sale or manufacturing of a controlled substance faces a 3rd degree felony.

A person who is in actual or constructive possession of a similar structure or conveyance commits a 2nd degree felony.

If a minor is present in the structure or conveyance and the person knows that the minor is present then they commit a 1st degree felony.

The statutory provisions apply to individuals determined to intend the marijuana for sale or distribution. The presence of 25 or more marijuana plants is presumptive evidence of the intent to sell or distribute. Before the law was enacted, 300 plants were required before a presumption of an intent to sell or distribute could attach. The substantial reduction in the number of plants required to meet the threshold for intent could lead to small time growers facing penalties as if they were drug kingpins.

Florida Drug Charges Should Be Taken Seriously

Drug charges stemming from marijuana and other drugs can be classified into three distinct categories: misdemeanor possession of marijuana, felony possession of a controlled substance and drug trafficking. Many charges are further refined based on the weight of the drugs seized. In particular, drug trafficking charges carry mandatory minimum terms in state prison based on the total weight of the drugs seized. Even a charge as seemingly simple as misdemeanor possession of marijuana can have far-reaching consequences, including a mandatory driver's license suspension and a permanent record of arrest and conviction.

Due to the severe penalties for drug charges, our office recommends proactive solutions tailored to fit the individual circumstances of our client’s cases. Depending on the facts and circumstances of your case, our office may attempt to have your charges dismissed through a PTI Diversion program, seek a withhold of adjudication to prevent a formal conviction, and work to avoid the imposition of a jail sentence.

After being arrested for a drug related crime, it can be difficult to secure employment. Many employers are concerned about prior drug use and may associate it with poor work performance or a propensity toward other crimes. It is all too easy for a manager in this economic climate to completely overlook a job candidate based on prior criminal charges. However, securing the best possible outcome could qualify you to have your criminal records sealed or expunged.